The law on the access to genetics ressources and the traditional communities’ participation: a dialogue with the Discursive Theory of Law in Habermas

Abstract

The present article aims to analyze the participation of traditional communities in the legislative process that culminated in the edition of Law 13.123/2015, on the access to genetic resources, as well as to verify if the law’s provisions comply with the interests of such communities. In order to do so, the discursive theory of law in Habermas is the article’s theoretical framework. Through the use of bibliographical research and legislative analysis as methodology, it was noticed that the traditional communities were not given the right to effective participation in the legislative process, which removes the legitimacy of law 13.123/2015, according to Habermas’ theory. However, the law and its regulation present important aspects for guaranteeing the self-determination of these peoples, despite the fact that there are some setbacks and relativization of institutes such as benefit-sharing.